Apple-OpenAI Trade-Secret Lawsuit Stalled by Mis-sent Email

Apple filed a federal trade-secret lawsuit on Friday, July 12 2026 against OpenAI and former Apple engineers Chang Liu and Tang Tan. The complaint alleges that the ex-employees took confidential hardware designs to accelerate OpenAI’s consumer-device ambitions. Apple says it first contacted OpenAI in February 2026 to raise the issue and request cooperation. According to Apple’s filing, OpenAI “never responded,” a claim that formed a secondary allegation of bad-faith conduct.

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NBC News reports that OpenAI did reply in February, but the exchange collapsed after Apple’s outside counsel, Gabriel Gross of Weil, Gotshal & Manges, confused the surnames of two OpenAI staff—Wang and Chang—and sent a follow-up email to the wrong recipient. Gross’s first email went to OpenAI general counsel Che Chang with attachments supporting Apple’s accusation. Thirteen minutes later he sent a second message thanking “Chang” for a phone call that actually involved the employee named Wang. Believing the message was fabricated, Chang contacted Apple’s in-house lawyers, accused Gross of lying, and asked that Gross be removed from the case. Gross later apologized, but the miscommunication appears to have ended any informal talks.

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Apple’s lawsuit centers on alleged theft of proprietary hardware design methodologies and AI-architecture details covered by confidentiality agreements. The two companies have a mixed relationship: Apple integrates OpenAI’s ChatGPT into iOS, yet their overlapping consumer-AI strategies have generated tension.

Inside the Email Mix-Up That Triggered Apple’s Trade Secret War With OpenAI

• John Ternus – Apple CEO (succeeded Tim Cook in April 2026)

Inside the Email Mix-Up That Triggered Apple’s Trade Secret War With OpenAI

• Sam Altman – OpenAI CEO (has not spoken publicly about the email incident)

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• Gabriel Gross – Outside counsel for Apple, Weil, Gotshal & Manges

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• Che Chang – OpenAI general counsel

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• Chang Liu and Tang Tan – Former Apple engineers now at OpenAI

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• February 2026 – Apple contacts OpenAI about possible misuse of confidential information.

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• February 2026 – OpenAI replies; subsequent email from Gross misaddresses Wang as Chang.

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• Mid-February 2026 – Chang reports the mis-sent email to Apple’s in-house team; Gross apologizes.

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• July 12 2026 – Apple files the trade-secret lawsuit.

Inside the Email Mix-Up That Triggered Apple’s Trade Secret War With OpenAI

• More than 400 former Apple employees have moved to OpenAI, a figure cited in reporting on the broader dispute.

Inside the Email Mix-Up That Triggered Apple’s Trade Secret War With OpenAI

The mis-addressed email directly challenges Apple’s claim that OpenAI “failed to respond” to its February outreach. If OpenAI’s reply never reached the appropriate Apple contacts, the alleged non-response may be a procedural artifact rather than evidence of bad faith. The incident also provides OpenAI with a tangible rebuttal to Apple’s narrative of willful avoidance.

Apple's Email Found OpenAI Well

• Apple’s complaint asserts that OpenAI did not answer Apple’s February request, framing the silence as an indicator of bad faith.

Apple's Email Found OpenAI Well

• OpenAI’s Bloomberg statement: “While we take these allegations seriously, we’re not aware of any evidence that this complaint has merit. We believe in fair competition and allowing people the freedom to work wherever they choose, and we’re focused on building innovative technology that empowers people everywhere.”

Apple's Email Found OpenAI Well

Legal analysts note that the email mix-up “does not change the underlying substance of the case” but may affect juror perception of each side’s credibility. The mistake is described as an “embarrassment” for Apple and “evidence that the breakdown in communication was not willful avoidance” for OpenAI.

Inside the Email Mix-Up That Triggered Apple’s Trade Secret War With OpenAI

• Apple’s position: OpenAI never responded to the February outreach.

Apple's Email Found OpenAI Well

• OpenAI’s position: A response was sent, but the mis-directed email prevented it from being received by the intended Apple interlocutors.

Apple's Email Found OpenAI Well

• The precise content of OpenAI’s February reply and the internal handling of the mis-sent email remain undisclosed, pending discovery.

Inside the Email Mix-Up That Triggered Apple’s Trade Secret War With OpenAI

• “ He then asked Gross to be removed from the case.” — Che Chang

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• “Believing Gross had emailed him with fabricated information to advance Apple’s case against OpenAI, Chang got in touch with two in-house Apple attorneys, accusing the company’s outside attorney of “lying about speaking with me on the phone,” adding, “I don’t know who he is and we have never spoken.” — Che Chang

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• “for offering your cooperation so quickly.” — Gabriel Gross (email to Chang)

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• “The talks appear to have ended there,” — NBC News reporting

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• “We have no interest in other companies' trade secrets.” — OpenAI spokesperson (as cited)

Apple's Email Found OpenAI Well

• “) The new statement, given to Bloomberg has a bit more meat on the bone: "While we take these allegations seriously, we’re not aware of any evidence that this complaint has merit.” — OpenAI spokesperson

Apple's Email Found OpenAI Well

The lawsuit remains in its early discovery phase with no trial date set. Both parties are expected to exchange emails, depositions, and technical evidence to determine whether proprietary information was improperly transferred and whether OpenAI’s February response satisfies the legal standard for good-faith cooperation.

Inside the Email Mix-Up That Triggered Apple’s Trade Secret War With OpenAI